Criticism of Application of Article 59

(3,642 words)

In his dissenting opinion in the Libya/Malta Continental Shelf (Application of Italy to Intervene) case, Judge Sir Robert Jennings raised serious criticism, not so much at Article 59 itself as at the Court’s use of it in dismissing Italy’s request for permission to intervene. The gist was that for many reasons the protection of third-party interests assumed to be provided by Article 59 is largely illusory. This was partly based on what Sir Robe…

Cite this page

Malcolm N. Shaw,
“Criticism of Application of Article 59”, in:
Rosenne's Law and Practice of the International Court: 1920-2015.
Consulted online on 18 August 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0390>